Allowed¶19

Mushabbir @ Mushvir v. Govt of NCT of Delhi & Anr.

Delhi HC17 Apr 2026CRL.M.C./2878/2026

Case brief

AI extract

What is this about?

FIR quashing after mutual settlement; matrimonial/alimony-maintenance dispute resolved via Delhi Mediation Centre, Karkardooma (settlement dated 14.10.2025); FIR No.735/2021, PS Jyoti Nagar, Sections 354A/506/34 IPC; petition under Section 528 BNSS 2023 with Article 227 Constitution; Supreme Court precedents followed - Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303, Narinder Singh (2014) 6 SCC 466; 'exercise in futility'; total settlement Rs.5,00,000 (Rs.2,50,000 paid, balance linked to quashing of FIR No.436/2022); CRL.M.C. 2878/2026; Delhi High Court; Justice Saurabh Banerjee; order dated 17.04.2026.

What did the court decide?

Quashing of FIR No.735/2021 dated 31.12.2021 registered at PS Jyoti Nagar under Sections 354A/506/34 IPC and of all proceedings emanating therefrom; petition disposed of accordingly. ¶19

Mushabbir @ Mushvir Vs Govt of NCT of Delhi & Anr. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Quashing of FIR No.735/2021 dated 31.12.2021 registered at PS Jyoti Nagar under Sections 354A/506/34 IPC and of all proceedings emanating therefrom; petition disposed of accordingly.

¶19

Issue for consideration

Whether, in view of the settlement dated 14.10.2025 arrived at between the petitioner, respondent no.2 and others, FIR No.735/2021 dated 31.12.2021 registered at PS Jyoti Nagar under Sections 354A/506/34 IPC and all proceedings emanating therefrom should be quashed.

¶10

Court's answer

Following the law laid down by the Hon'ble Supreme Court in Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, since a voluntary settlement had already been arrived at between the petitioner, respondent no.2 and others and there is nothing left to corroborate and prove the case of the prosecution, continuation of the FIR would be an exercise in futility.

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Ratio / Principle

The present petition is allowed and FIR No.735/2021 dated 31.12.2021 registered at PS Jyoti Nagar under Sections 354A/506/34 IPC, along with all proceedings emanating therefrom, is hereby quashed.

¶16

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.; 17.04.2026) allowed a petition under Section 528 BNSS 2023 read with Article 227 of the Constitution and quashed FIR No.735/2021 dated 31.12.2021 of PS Jyoti Nagar under Sections 354A/506/34 IPC together with all proceedings emanating therefrom. The quashing rested on the settlement dated 14.10.2025 (Annexure B) arrived at before the Delhi Mediation Centre, Karkardooma Courts between the petitioner, respondent no.2 and others, out of a total settlement amount of Rs.5,00,000 (Rs.2,50,000 already paid; balance payable on quashing of FIR No.436/2022), with the State APP raising no objection and respondent no.2 affirming the terms. Following Jitendra Raghuvanshi v. Babita Raguvanshi, (2013) 4 SCC 58, Gian Singh v. State of Punjab, (2012) 10 SCC 303 and Narinder Singh v. State of Punjab, (2014) 6 SCC 466, the Court held that nothing remained to corroborate and prove the prosecution case and continuation of the FIR would be an exercise in futility.

¶1

$~56

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2878/2026

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MUSHABBIR @ MUSHVIR .....Petitioner Through: Mr. Atul Kumar, Advocate with petitioner in person.

¶5

versus

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GOVT OF NCT OF DELHI & ANR. .....Respondent Through: Mr. Satish Kumar, APP with Mr. Upasana Bakshi, Divya Bakshi and Mr. Gourav Singh, Advocates SI Pankaj, PS-Jyoti Nagar. Mr. Dalip Anand, Mr. Chetanyua Puri, Ms. Vidhi Gupta and Mr. Rishabh Jain, Advocates for R-2 with R-2 in person.

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CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R

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% 17.04.2026

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By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ) read with Article 227 of the Constitution of India, the petitioner seeks quashing of the FIR No.735/2021 dated 31.12.2021 registered at PS.: Jyoti Nagar under Sections 354A/506/34 of the Indian Penal Code, 1860 ( IPC ) and all proceedings emanating therefrom, in view of the Settlement dated 14.10.2025 ( Annexure B ) entered between the petitioner and respondent no.2 and others before the Delhi Mediation Centre, Karkardooma Courts, Delhi, whereby the petitioner, the respondent no.2 and others have mutually and amicably resolved their disputes.

¶11

This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/04/2026 at 11:40:33

¶13

Issue notice. Learned APP for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR.

¶14

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid settlement dated 14.10.2025. She submits that in compliance thereof, out of total settlement amount of Rs.5,00,000/towards full and final settlement of all her present, past and future claims including alimony, maintenance, etc., her husband has already paid her an amount of Rs.2,50,000/- and the remaining amount of Rs.2,50,000/- shall be paid at the time of quashing of FIR No.436/2022, and as such, she has no objection to the quashing of the aforesaid FIR.

¶15

The petitioner and the respondent nos.2, present in Court, as well as their credentials as on record, have been identified by the Investigating Officer. 5. Facts disclose that a settlement has already been arrived voluntarily between the petitioner, the respondent no.2 and others and the present petition is accompanied by their respective affidavit(s) qua the said effect. In view thereof, they shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. As such, following the law laid down by the Hon’ble Supreme Court in Jitendra Raghuvanshi & Ors. vs. Babita Raguvanshi & Anr. : (2013) 4 SCC 58 , Gian Singh vs. State of Punjab & Anr. : (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. : (2014) 6 SCC 466 , since there is nothing left to corroborate and prove the case of the prosecution, continuation of the aforesaid FIR against the petitioners will be an exercise in futility.

¶16

Thus, the present petition is allowed and FIR No.735/2021 dated 31.12.2021 registered at PS.: Jyoti Nagar under Sections 354A/506/34 of

¶17

This is a digitally signed order.

¶18

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/04/2026 at 11:40:33

¶19

IPC and all proceedings emanating therefrom are hereby quashed.

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Accordingly, the present petition is disposed of in the aforesaid

¶21

terms.

¶22

SAURABH BANERJEE, J

¶23

APRIL 17, 2026/NA

¶24

This is a digitally signed order.

¶25

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/04/2026 at 11:40:33

Mushabbir @ Mushvir v. Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Mushabbir @ Mushvir v. Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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